Social Security hearing tip: don’t be browbeaten by the judge
You are finally at your hearing. The judge, wearing black robes, turns to you and asks:
“You last worked in 2003, right?”
It’s the “Dirty Harry” moment! You try to remember.
Was it 2003? Maybe it was 2004? Or 2005? Well, if the judge thinks it was 2003, it must have been 2003.
“Yes, judge. I last worked in 2003.”
Bzzt! Wrong answer!
Do not guess the answer to the judge’s question; and do not accept the what the judge tells you about your history if you do not remember the answer yourself.
How much can a lawyer charge for fees on a Social Security case?
Social Security fee agreements take one of two forms:
Contingency based: If you win, the attorney gets 25% of your back benefits up to a $5,300 $6,000 cap. The “25% or $6,000″ fee agreement is a standard fee agreement that Social Security will almost always approve if the case is won and results in back benefits.
Fee Petition. This is the wild west of fee agreements. The representative has to itemize his or her time and ask Social Security to be paid a certain amount. Social Security will approve whatever fees it sees fit, which may be more or less than $6,000.
2009 UPDATE: As of June 2009, the fee cap is increased to $6,000 from $5,300.
If an attorney asks you to sign a fee agreement that is not either for a 25% contingency, or based on a fee petition, watch out!
Overpayments: finding an attorney to help you
I have tried to give you as much information as I can about Social Security overpayment / repayment cases, because the chances of finding an attorney to work with you are not very good.
Many Social Security attorneys get paid out of the back benefits they win for the client (typically 25% up to a cap of $5,300.00 $6,000 as of June 2009). But, when you have an overpayment case, the best outcome is you will owe $0.00. 25% of $0.00 is $0.00.
In other words, there is nothing for the attorney to take a percentage of, if they win. If you want legal help on an overpayment case you will probably have to pay some money up front. This may be between $1,000 and $3,000 depending on the complexity of the case. While my office does handle Social Security overpayment cases, they make up a small part of my Social Security practice because most people cannot afford the retainer.
Also, many attorneys do not take overpayment cases because of the extra requirement of petitioning Social Security to approve fees. This takes extra time, beyond the time spent proving the case, just to try to get paid.
Is it worth hiring an attorney on an overpayment case?
Whether paying the retainer is worthwhile for you will depend on how much money you owe Social Security.
Good and bad questions when choosing a Social Security disability lawyer
What is the number one question people ask when looking to hire a lawyer?
How many cases do you win?
But, this will only give you a meaningless answer. Here’s why:
Questions to ask an Social Security disability attorney
Here is one question you should always ask when you are looking for a lawyer to help you with a Social Security claim:
What percentage of your practice is Social Security cases?
Generally, you do not want someone who spends less than one third of his/her time doing Social Security work handling your case. When you want a job done right, you want a specialist.
However, do not be swayed by win/loss ratios.
I know this is counterintuitive. However, a lawyer who wins 9 cases out of 10 is not necessarily better than a lawyer who only wins 5 out of 10.
It all depends …
Can you afford a Social Security disability lawyer?
Nate Craig of Truth of the Matter Asserted has a great article on how easy Social Security makes it for you to hire and pay for an attorney:
Social Security cases are paid on a contingency basis, which means that the attorney can only collect a fee when you are successful in winning your case. … Currently this amount is 25% of the claimant’s owed back benefit or $5,300 , which ever is the least amount. … If you are not successful, you owe the attorney nothing will send the attorney’s fee directly to the attorney…
In my opinion, this is a great deal. Of course, you can take that with a grain of salt, since I make my living representing people on disability claims in Colorado.
If you win, you pay 25% of whatever back benefits you are owed. And, the attorney’s fees are capped at $6,000. If you do not win, you pay nothing — other than the attorney’s expenses in developing your case (usually between $100 and $200). Basically, you are simply reimbursing the attorney for any money the attorney spends in building your case. However, you are not paying the attorney for his or her time unless you win.
Can you imagine only paying a doctor if he makes you better, or only paying a mechanic if the squeak or rumble goes away? And then, you only pay after all the work has been completed — a year or more later?
Could you pick your Social Security attorney out of a line up?
Are you represented by an attorney on your Social Security case? You are? Terrific! You obviously know that your chances of winning your case increase significantly if you have a lawyer helping you.
Now, close your eyes – ok, wait until the end of this paragraph – then close your eyes and try to picture your attorney.
Can you remember what he or she looks like?
Do you have a better memory of their receptionist or legal assistant than the attorney who is supposed to represent you at your hearing?
Hmmm. If you cannot recall what your attorney looks like, what do you think your attorney remembers about you, and more importantly, about your case?
What does Social Security really think about your case?
Wouldn’t you like to know what Social Security really thinks about your claim? The best way to find out is to review your Social Security exhibit file.
Everything Social Security has on your claim for disability benefits is contained in the “exhibit file.” This includes medical records, statements of limitations, notes from Social Security’s technicians, reports from any doctors Social Security sent you to, and any opinions Social Security based on the evidence in your file. Plus, you may even see post it notes flagging what Social Security thought was particularly important.
“But, wait there’s more…” The exhibit file also contains income summaries and earnings reports, as well as every form you filled out during your application, and possibly your prior files as well.
Why is this important?
If you want to know why you were denied (something more substantial than what Social Security told you in their denial), and what your chances are at hearing, you need to review your Social Security file.
DisabilityAppeal.com agrees: get a specialist!
I have been a strong advocate for getting a specialist whenever you hire a lawyer.
If you are in a lawsuit, which side would you rather be on?
A) The side with a lawyer who does a bit of everything, or
B) The side where the lawyer regularly handles your type of case.
DisabilityAppeal.com agrees:
It is imperative that you retain a disability lawyer well in advance of the hearing who knows how to prep a witness properly. And not just any disability attorney, but one who handles the majority of his or her cases in this area …
